This article discusses several topics that lenders should consider when making loans to borrowers that are indirectly funded using crowdfunded equity.
June 01, 2021Jeffrey B. Steiner and David Broderick
Valuation of real estate during contemporary times is challenged and will continue to be so for several years. In a forced sale, a court should only consider pre-COVID-19 data whether it be comparable sales from 2018-2019, or financial data from the same period.
June 01, 2021Michael RikonIn states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.
June 01, 2021Megan E. Moyer and Kevin M. LevySignificant concerns aren't necessarily issues caused by real estate lending, borrowing or underwriting. They're caused by government policy.
June 01, 2021Les ShaverSmall businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.
June 01, 2021Erika MorphyOnly a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.
May 01, 2021Scott R. Lippert and Darcy Baboulis-GyscekThere have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.
May 01, 2021David SamoleBy moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.
May 01, 2021Aron SolomonIn Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
May 01, 2021Paul D. Selver and James P. PowerEasement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance No Specific Performance When Purchaser Failed to Elect Contract Remedies Subdivision of Dominant Parcel Did Not Terminate Easement Judgment Creditor Not Entitled to Compel Sale of Tenancy By the Entirety Property Questions of Fact Preclude Summary Judgment on Specific Performance Claim Town Had No Authority to Issue Parking Permits on Land of Waterfront Owners
May 01, 2021NYRE Staff
